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07-18-2007 CITY OF EDGEWATER ANIMAL CONTROL BOARD DANGEROUS DOG HEARINGS Case #07-07-0042 July 18, 2007 7:00 P.M. CITY HALL CONFERENCE ROOM MINUTES CALL TO ORDER Chairperson Donna Wagner called the Dangerous Dog hearings to order at 7:07 PM in the City Hall Conference Room. ROLL CALL Members present were: Donna Wagner, Dr. Vanis, and Karen Mason. Also present were: Board Secretary Michelle Grenham, Legal Assistant Robin Matusick, and Animal Control Officer Johnnie Dail. Jamie Young was not present due to illness and Mary Wenderoth was not in attendance Witnesses present for Kenya: Stephen W. Stewart of 3008 Umbrella Tree Drive, Edgewater, FL. Witnesses present against Kenya: None HEARING Stephen Stewart and Johnnie Dail were sworn in: Do you solemnly swear and affirm that the testimony you are about to give before the Animal Control Board in regards to this case is true and correct to the best of your knowledge? Both Stephen and Johnnie raised their right hand and stated, “I do”. Stephen Stewart is the owner of Kenya who resides at 3008 Umbrella Tree Drive, Edgewater, FL. City of Edgewater Dangerous Dog Hearing “Kenya” Page 1 of 4 WITNESS 1 Animal Control Officer Johnnie Dail gave a brief testimony. Animal Control Officer Johnnie Dail stated that the police incident report was complete with the exception that it did not contain any information regarding Kenya’s disposition. Based on the fact that Johnnie has been to Mr. Stewart’s residence several times since the dog bite occurred, he has observed that Kenya does her job. She barks when someone knocks on the door to notify her owner that someone is at the door. Once Stephen allows the guest in the house, Kenya sniffs you and checks you out and then she goes and sits down until you call her. If called she will allow you to pet her and she is kind and gentle. Johnnie testified that he has meet with Kenya 5 or 6 times during the course of this investigation and each time it has been the same. She is very protective of her house, but once you have been invited in, she is ok with you. Karen asked if the dog made any noises when Johnnie puts his hands on the dog. Johnnie stated the dog did not make any noise. No growls. She only makes noise (barks) when you knock on the door, prior to being invited in. Karen asked if Johnnie had verified shots. Johnnie stated that Kenya had her vaccination on 06/24/06. The bite occurred 07/04/07. Johnnie stated that he assumed it was a one-year shot. Donna asked if the child had sustained any long-term injuries. Johnnie stated that the little girl will have to go to the doctor once a week for the next six weeks and then there will be an additional surgery down the road to repair the lip. The kip area is the concern for the parents and the plastic surgeon. Johnnie stated that all the other injuries were doing well, based on what he could see. Robin asked if she was taken to the hospital immediately. Johnnie stated that she was taken to Bert Fish Hospital and then Bert Fish staff sent her to Halifax Hospital. That is when Johnnie was called out. This concluded Officer Dail’s testimony. WITNESS 2 Stephen Stewart gave testimony. Mr. Stewart stated he normally takes his dog for a two or three mile walk every day. Sometimes he walks the dog in the morning and sometimes in the evening. He wanted to get cigarettes so he City of Edgewater Dangerous Dog Hearing “Kenya” Page 2 of 4 walked the Dog to the Texaco gas station. There is a steel pole in front that he attaches her leash to and she stays there while he is in the store. When he was in the store he saw a gentlemen and (he assumed) his daughter. He bought some cigarettes and he went outside to smoke one. When the gentlemen came out of the store with the little girl, the little girl said “dog” and Mr. Stewart said “yes, nice dog”. The gentlemen walked the girl to the car about fifteen feet away from where the dog was and at some point he had let go of her hand and she began to walk towards the dog. Mr. Stewart was putting out his cigarette and told the little girl “no, no, hang on”. The little girl put her hands on either side of the dog’s snout and tried to kiss the dog. That’s when the dog bit her. At that point, she started to bleed and her father ran into the store and got some paper towels and Mr. Stewart took his dog over to the stop sign area in case there was something wrong with her and just to get away from everyone else. The father stopped and told Mr. Stewart that he had to get help for the little girl and he took off. Mr. Stewart started walking down Kumquat. Mr. Stewart stated that he didn’t ask her to approach the dog and he didn’t give her permission to approach the dog. Mr. Stewart walks the dog all the time and kids want to see the dog. When that happens, he leashes the dog, puts his hand over the dogs nose and tells the children that they can pet the dog from the side. Kenya has never bitten anyone. She is a good watchdog, she will bark when someone is on the property, but she has never been viscous or attacked anyone. He didn’t know why on this occasion it was, but he thinks it was when she grabbed the dog around the snout. He thinks it was innocent on the girls’ part. Mr. Stewart doesn’t know why her father let go of her and he doesn’t know why he wasn’t there. The father was at his vehicle when this happened. Dr. Vanis asked if the dog had been around kids. Mr. Stewart stated that the dog is frequently around kids. His nieces and nephews and other kids are around the dog and he has never had any problem. The dog is good with all of the kids. He has never bitten anyone. He asked if the dog has ever snapped at anyone or growled at anyone when they came in the house. Mr. Stewart stated that Kenya would bark prior to entry, but once he tells the dog that the person is invited in or “ok”, the dog will be friendly and then go sit down. Donna Wagner asked if after this happened; the dog lunged at the child. Mr. Stewart stated that after he pulled the dog away, the dog did not growl or lunge. Donna asked if the dog had been vaccinated for rabies. Mr. Stewart indicated that the dog’s rabies shots are scheduled after the quarantine is complete. Karen Mason asked if Mr. Stewart heard any growl prior to the bite occurring. He stated that he did not. This concluded Mr. Stewart’s testimony. City of Edgewater Dangerous Dog Hearing “Kenya” Page 3 of 4 BOARD HEARING After hearing the witness and evaluating the information, the Board reviewed the dangerous dog requirements defined by Florida Statutes 767. Chairwoman Wagner called for a motion and vote on dangerous dog classification. MOTION by Karen Mason, SECOND by Dr. Vanis based on the requirements contained in Florida Statutes and testimony provided, there is sufficient cause for the Animal Control Board to deem “Kenya” a dangerous dog due to the severity of the injuries. Therefore, I move that “Kenya” be deemed dangerous. MOTION CARRIED 3-0. ADJOURNMENT MOTION by Karen Mason, SECOND by Dr. Vanis to adjourn the meeting. MOTION CARRIED 3-0. The meeting was adjourned at 7:45 pm. City of Edgewater Dangerous Dog Hearing “Kenya” Page 4 of 4